A new EPA regulation requires renovators of housing built prior to 1978 to distribute the lead-based paint pamphlet to owners and tenants (if rental property) before commencing the renovation activity. The pamphlet is entitled "Protect Your Family From Lead In Your Home" and is the same pamphlet required in the sale or lease of pre-78 housing. This EPA Pre-Renovation Lead Information Rule's effective date was June 1, 1999.

The Rule requires renovators of pre-78 housing to provide the lead-based paint pamphlet. Under the Rule a renovator could be the owner of rental property, the property management company or a contractor hired to do the work. A renovator is defined as anyone who performs work for compensation that disturbs more than 2 square feet of a painted surface in pre-78 housing. It is not dependent upon whether the work performed is typically considered a renovation. If a plumber, electrician or painter will perform work that will disturb more than two square feet of paint, then they are considered a renovator and must comply with the Rule.

The only exemptions are for minor repair and maintenance activities, emergency renovation operations and renovation activities that take place in housing that has already been determined by a certified inspector to be lead free. Minor repair and maintenance activities would cover work that disrupts two square feet or less of a painted surface. EPA provided examples of activities this exemption was meant to cover. They include repairs to electrical outlets and switches, replacement/repair of plumbing fixtures, and spot repairs of painted walls, ceilings, trim and moldings. Also, painting would be exempted unless surface preparation activities like sanding and scraping would disrupt more than two square feet of paint. The emergency renovation operations exemption is for renovation activities -- that if not immediately attended to -- pose a safety or health hazard or threatens significant equipment or property damage.

The Rule covers renovations to a tenant occupied unit as well as renovations to a common area of pre-78 housing containing more than four dwelling units. If the renovation will occur in a tenant occupied unit the renovator must provide the owner and the tenant with a copy of the lead-based paint pamphlet and have them both acknowledge receipt of the pamphlet. The certifications of receipt must be retained by the renovator for a three-year period (Click for a sample Acknowledgment Form).

If the renovation is to occur in a common area (lobby, laundry room, hallway or playground) of pre-78 housing with more than four dwelling units the renovator must provide all tenants of the building with information on the timing and extent of the renovations to occur and make the pamphlet available in a central location, such as the building's management office. The renovator must certify a basic description of the steps taken to notify tenants of the common area renovation.

If the tenant or owner refuses or is unavailable to accept the pamphlet, the Rule allows for the renovator to certify the attempt. For example, if the tenant wasn't home when the renovator delivered the pamphlet the renovator can certify the address, date and time that no one was home and that a pamphlet was left under the tenant's door (Click for a sample Unavailable for Signature Form, or Refusal to Sign Form). The Rule also allows the renovator to mail the pamphlet (at least seven days prior to the renovation) if a certificate of mailing is purchased from the Post Office when mailing the pamphlet. The Rule requires the renovator to retain all certifications for a three-year period. The Rule contains stiff penalties for noncompliance. Failure to provide the required notice on a timely basis or obtain written acknowledgment is subject to an $11,000 fine per occurrence and failure to maintain required records is subject to a civil penalty of up to $25,000 per day and imprisonment of up to one year.